Costa del Sol's Property Specialists

Builders Liabilities

New built properties are subject to four continuing liability timetables:

Builders LiabilitiesFirst 15 Days – The ’snagging’ period where defects are noted and the builder has 28 days to repair them. Major alterations or omissions from the agreed specification can result in the buyer being able to withdraw from the contract and receive a refund and compensation.

First Year – The builder is generally liable for all defects reported within this time.

Next Two Years – The builder is still liable to repairing major defects that affect proper enjoyment of the property, such as roofs, poorly fitted doors and windows, etc.

First 10 Years – The builder is obligated under law to take out Seguro Decenal, which is a 10 year insurance policy that guarantees the cost of reinstatement in the even of failure of the structure of the building.

Liability After Sale

A private householder can be liable for hidden defects for a period of at least 6 months after the sale date of the property.

Acceptance of Liability

Builders LiabilitiesMost clients of our say, there is no need for a Survey because the Builders’ liabilities exist, but it can be many months of discussion before the Builder/Insurance Company actually accepts their liability. During this discussion the client is still suffering with the defect and will be further inconvenienced when the building work takes place. A Survey will at least give you an indication of what problems you may expect.

Community – By law, all urban properties have to be part of a community of owners for the administration of all the common areas. The community body is elected by the owners, with the day-to-day running of the urbanization being by a contracted firm. You will be obligated to contribute financially to the community. The community has the power to charge substantial sums and change the character of the development, so it is important for the owners to attend the meetings.

Quick Links: Snagging Service | Surveys - Technical & Structural

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